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When you are divorcing in Nebraska, there are rules and statutes that need to be adhered to. These are delineated in the state of Nebraska's laws. Being aware of these laws in full can help, but knowing the broad view can also be enough to get you started on getting a divorce that is fairly smooth.
Before you can even file for divorce, you or your soon-to-be ex-spouse must have been a resident of the state of Nebraska for at least 12 months or one full year.
Nebraska is thought of as a “no-fault” divorce state. Being no-fault, you have to prove that you and your spouse are living in the state of Nebraska when the divorce is filed or that the person who is filing has lived there for a year. It may seem simple to do, but proving that you are a resident of this state requires documentation.
The reasons for getting a divorce that is at-fault based is most likely because there are child custody issues that come up. The other reason for an at-fault divorce may be because there are asset and property division questions. These may be brought up by either party by proving that your spouse was at-fault. This may help you in getting a settlement of the property. Alimony or spousal support is another reason for filing an at-fault divorce.
Nebraska is considered an “equitable property division” state. This means that the income you have and will earn during and after your marriage is yours. The same holds true for your spouse. This may need to be sworn to and you may be asked to submit paperwork that verifies your statement. The more concise the information you submit to the judge, the better you will be able to show your case is valid. However, just because you own property doesn't make it all yours, though. The judge may divide any property as he or she sees fit.
The state of Nebraska does its utmost to put the best interests of the child before the desires of the parents. The court generally promotes the fact that the child needs to have a relationship with one's mom and dad after the divorce. The judge may decide that a joint custody arrangement will be the best for the child. Often, the court will question both parents and also speak with the children regarding what they want, too.
The question of child support in Nebraska may arise. The standard of living that the child has become accustomed to in the past will be taken into consideration in this instance, as will the income both parents bring in. Both adults involved are required by law to support the child financially and the child should not be made to suffer because of the demise of the union. The judge will examine and research how much time you spend with your child.
Nebraska law is fairly straightforward, however getting a detailed view takes a lot of time. You may want to contact an attorney who can help you get that inner view.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified divorce lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local divorce attorney to discuss your specific legal situation.